Decree of the Government of the Russian Federation “Rules for the provision of hotel services” No. 1085 was adopted last fall. With this regulatory act, the state made some changes regarding activities in the field of public services. This article discusses some aspects of the hotel industry.

Legislative framework

The Decree of the Government of the Russian Federation “Rules for the provision of hotel services”, in fact, approved new standards. In accordance with them, entrepreneurs and other commercial organizations must carry out their business, if it is related to hotel services.

Old regulations, including “Rules for the provision of hotel services in the Russian Federation” No. 490, which business figures were previously guided by, were declared invalid by this resolution. Also, this legal document made changes to other regulations that regulated the civil law relations under consideration. The resolution was issued by the legislative body of the Russian Federation in strict accordance with the law and the Constitution, but its main purpose was to fulfill the requirements of the law protecting consumer rights.

It was signed by Prime Minister D. Medvedev.

As noted above, the main document according to which new rules for the provision of hotel services in the Russian Federation were approved is a law that protects the individual rights of ordinary citizens (consumers). This law is intended to protect the interests of individuals exclusively. At the same time, entrepreneurs, although belonging to this category, have no relation to this legal act. Legal entities are also not included. The main essence of the law is that the control levers provided by the state can reliably protect the rights of buyers or service providers from unscrupulous business entities. Of course, it also provides for countermeasures against consumers who abuse the powers granted to them.

One of the customers of services can be called persons who use the services of hotels. These could be tourists, businessmen, or just people who went on a business trip. Having familiarized themselves with the rules issued by the government for the provision of hotel services, the listed persons, as well as other citizens interested in this, can obtain all the necessary information necessary in order to be able to protect their interests.

Objects covered by the action

The new rules for the provision of hotel services in the Russian Federation apply, as the name itself suggests, to absolutely all types of hotels. In addition, the Rules define hotels as other facilities intended to accommodate people. However, other facilities for guests should not be confused with camping and children's camps. This is an independent category to which the Rules in question do not apply. Moreover, tourist centers and other youth camps do not fall under the jurisdiction of this regulatory act. Departmental dormitories, as well as apartments or rooms that citizens or organizations rent out, do not qualify as hotels. Railway carriages and other vehicles which are equipped with sleeping accommodations and which are essentially capable of accommodating people are also not regulated by the Rules.

Some definitions used in the Rules

In order to understand certain terms by the legislator, as a rule, regulatory documents provide an explanation of certain concepts used in the texts of these acts. The same is done in the document under consideration. The rules for the provision of hotel services in the Russian Federation define the following basic concepts:

1. Hotel, as well as some other place of accommodation. These words mean a building, its part, a property complex, including equipment. All together this should be intended to carry out activities in the field of providing hotel services.
2. Hotel services mean not only services for providing places to stay, but also other related ones.
3. If a hotel has less than 50 rooms, it is called a small accommodation facility.
4. The price of a place in a room or the room itself includes the cost of both accommodation and other services.
5. A consumer in the sense of the Rules under discussion is an individual who wishes to use or has already used hotel services. Such a person cannot be an organization or an individual entrepreneur. The consumer will be recognized as such if he uses the hotel only for personal needs.
6. The contractor is, on the contrary, either a commercial organization or a private entrepreneur whose activity is hotel services.
7. The rules for the provision of hotel services in the Russian Federation, the provisions of which are mandatory for all businessmen, also define the concept of “customer”. This person means not only a citizen, but also an organization, an individual engaged in business, who wants to use or has already used hotel services, but for the benefit of the consumer. In practice, it looks like this: an organization enters into an agreement for the provision of hotel services with a specific hotel. According to this agreement, the hotel undertakes to accept and accommodate employees of this organization (consumers). There are other situations.
8. Reservation in the Rules refers to a reservation of a room or a place in a room made in advance. Reservations can be made either by the customer or directly by the consumer himself.
9. Check-out time - this concept means the time set by the hotel for the entry and exit of guests.

General provisions

As usual, hotels and other facilities subject to the above Rules are subject to requirements that the parties themselves will establish in an agreement between themselves. There are situations where local or federal laws and regulations govern specific requirements. The contractor has the right to carry out the activity in question only if he has a document that will confirm that the hotel has been assigned a category. The assignment of such a category is also approved by the authorized body, more precisely, the Ministry of Culture.

The price for hotel services, in accordance with the law, cannot be different for people. It should be the same regardless of position in society, rank or other differences. However, benefits may be established for certain categories of citizens (for example, people with disabilities or other socially vulnerable segments of the population).

The legislator reserved the right for the owner of a hotel facility to create and establish rules of conduct and residence. However, such rules should not contradict the legislation of the country.

The rules for the provision of hotel services in the Russian Federation, information about the services discussed in this article should be free for review in any hotel. They must be provided by the contractor to customers and consumers at their request.

Artist information

The rules for the provision of hotel services establish certain accessibility for persons wishing to use them. First of all, this concerns information about the hotel itself and the person who runs it. Thus, the legislator determined that the contractor is obliged to provide the following information:

1. Name, as well as if there is a hotel service facility.
2. The address where this object is located, as well as its working hours.

The listed requirements apply to hotels that operate in the form of an organization (legal entity). If the business in question is run by an individual entrepreneur, he must post the following information:

1. Data of an individual entrepreneur, which includes last name, first name and patronymic.
2. The location of its activities.
3. Hotel opening hours.
4. Information about the state registration of a businessman.
5. The name of the authorized government body that registered the entrepreneur.

All this information should be placed in front of the hotel entrance or in its lobby, in the place where guests register. For example, at the entrance to a hotel they use special signs or simply place a sign on the front door. You can place this information in the lobby, for example, at the reception desk. The whole point of such placement is that the consumer can freely find out the details of the artist.

Information about services

Identical requirements apply to information about the services provided by the hotel. The hotel owner is obliged to post information about them either in the lobby of the establishment or on his own website. The content of this information is also determined by the Rules.

1. Data of the organization or private entrepreneur, including his contact phone numbers, address, details of the document on the basis of which he carries out his activities. If this is a legal entity, then a certificate confirming the entry in the Unified State Register of Legal Entities, if an individual entrepreneur, the information must be entered into the Unified State Register of Individual Entrepreneurs.
2. If the hotel is a branch or other structural unit, then it is necessary to indicate information about the parent organization, the head office.
3. Information about what category is assigned to the hotel, as well as about the organization that installed it.
4. Presence or absence of certification.
5. Cost of living and types of rooms (categories).
6. Basic services provided by the contractor, included in the price of accommodation.
7. Method of payment for accommodation.
8. A list of additional services provided by the hotel for a fee, the order in which they can be used.
9. Procedure for booking rooms and canceling reservations.
10. The maximum period that a guest can stay in a hotel.
11. A list of persons for whom benefits are established and a list of the benefits themselves.
12. A list of paid services that are provided in the establishment by third parties.
13. Information about

The information listed is presented in Russian, and, if desired, in others.

Types of booking

The owner of a hotel business has the right to establish the following types of reservations at his facility:

1. Reservation with guarantee. It means that the hotel administration reserves the guest’s room and waits for him within one day from the beginning of the check-out time. If the consumer does not check into the room, is late for a longer time, or refuses the room, the reservation is canceled and the consumer is charged for the downtime.
2. Reservation without guarantee. With such a room, the hotel will wait for its client only until a certain hour of the day on which check-in is required. After this, the booking is terminated.

The reservation will be considered valid only after the customer or consumer receives notification from the hotel. In this case, they can refuse the reservation by canceling the application. However, such a refusal must be made according to the rules determined by the hotel administration. Also, the Rules for the Provision of Hotel Services in the Russian Federation No. 1085 establish the right of a hotel to refuse clients a room reservation if there are no available rooms on the required date.

Documents for concluding an agreement

In order to check into a hotel, a guest will need only one document that will prove his identity. However, the types of such documents may be different. It could be:

1. Passport.
2. Birth certificate.
3. International passport.
4. Foreign passport.
5. A document certifying that the guest is a stateless person, as well as confirming his identity.
6. A permit issued by an authorized government agency giving the right to reside in Russia.
7. Resident card.

The contract itself is concluded exclusively in writing and signed by both parties. In this case, the text indicates the price, names of the parties, their contacts, information about the hotel room, and the time that the guest will live in this room. Other information may be provided upon request.

The rules for the provision of hotel services in the Russian Federation and the procedure for registering accommodation stipulate that the contractor must register the persons residing with him in accordance with the regulations of Russian legislation.

Some conditions

Hotels provide services to their clients around the clock. Consumers can use their services at any time of the day or night. Traveling at night is not prohibited, as is entry. However, an exception is established by law for hotels with fewer than fifty rooms. In such small accommodation facilities, owners have the right to establish their own service schedules. As a rule, the checkout time is set by the contractor, taking into account the characteristics of the region and the location of the object. But as usual, the period of such an hour is determined at 12 hours. In other words, entry and exit processing is carried out twice a day. In any case, the difference between them cannot be more than two hours.

The rules also establish the right of the hotel owner to determine the maximum period during which individuals can reside in the establishment. The procedure for paying for a room, as well as its price, as well as the rules of residence are not regulated by law. Therefore, all these actions are left by the legislator to the choice of an organization or private entrepreneur providing hotel services.

Additionally, hotel service may be offered not per day, but hourly. The rules for the provision of hotel services in the Russian Federation, the concept of which is given above, provide that if there is a need to regulate prices for hotel services, then their price cannot exceed the cost determined for a specific category of hotels. This requirement is valid only when holding any major events or celebrations when there is an influx of guests.

The legal act in question limits the right of the owners of this business to provide any other paid services to guests against their will, if such services are not included in the price of accommodation.

Services required for the contractor

The following hotel services are free or included in the price of your stay.

1. If a guest becomes ill, the administration is obliged to call an ambulance, and, if necessary, call other emergency services.
2. The management of the establishment must provide a medical kit to its customers free of charge.
3. is obliged to bring mail that came in their name to the guests' room immediately after receipt.
4. If clients wish, hotel staff must take care to wake up residents at the hour specified by them.
5. Clients are provided with boiling water, needles and thread, dishes, spoons and forks at no additional charge.
6. Other services established by the administration.

Calculations

Payment for the provided hotel services is made by the guest only after their actual provision, that is, on the day of departure. However, if the future guest does not mind, then such payment can be made upon concluding the contract, that is, on the day of entry. The calculation can also be made partially. or another person who is responsible for payment is obliged to give the guest a cash receipt or other document established by law upon payment. The payment to be made to the client is calculated according to the established checkout time. That is, if the checkout time is set at 12 o'clock, then payment is made for the entire 12 hours, even if the guest stayed in the hotel for only three hours. If the client delays leaving the room, the administration charges him payment in accordance with the rules approved by it. If the client arrives at the hotel after 12 o'clock at night and leaves before the check-out time determined by the hotel, then the fee for accommodation cannot be more than the fee determined for half a day.

Responsibility

The rules for the provision of hotel services in the Russian Federation, the responsibility for compliance with which are borne by all parties, establish that both the performer and the guest are responsible for harm in cases provided for by civil law. Thus, the contractor is responsible for the safety of his client’s property, and for improper performance of his duties he may be held liable under the laws of Russia. Accordingly, the guest who caused damage to the hotel property will also compensate for it.

Thus, every citizen who is planning to go on a business trip or for other reasons wants to stay at a hotel, it is better to carefully study the rules discussed in this article in order to subsequently avoid some unpleasant moments. Among other things, knowing these rules, you can safely protect your rights as a consumer of hotel services. If they are violated, you can file a complaint with the authorized body that exercises control over business entities engaged in this type of activity.

l) information about other paid services provided at the hotel by third parties;

m) information about the time of arrival (departure) from the hotel;

11. The information provided for in paragraph 10 of these Rules is located in a place accessible to visitors and is designed in such a way that it can be freely viewed by an unlimited number of people during the entire working hours of the hotel.

13. Information about the contractor and the services he provides is brought to the attention of consumers in Russian and additionally, at the discretion of the contractor, in the state languages ​​of the constituent entities of the Russian Federation, the native languages ​​of the peoples of the Russian Federation and foreign languages.

III. Procedure and conditions for the provision of hotel services

14. The Contractor has the right to make a reservation in any form, including by drawing up a document signed by two parties, as well as by accepting an application for reservation (hereinafter referred to as the application) through postal, telephone and other communications, which makes it possible to establish that the application comes from the consumer or customer . The application form is established by the contractor.

15. The Contractor has the right to use the following types of reservations at the hotel:

a) guaranteed reservation - a type of reservation in which the hotel awaits the consumer until checkout time of the day following the day of planned check-in. In case of untimely cancellation of the reservation, delay or no-show of the consumer, he or the customer will be charged for the actual downtime of the room (place in the room), but not more than one day. If you are more than a day late, your guaranteed reservation will be cancelled;

b) non-guaranteed reservation - a type of reservation in which the hotel waits for the consumer until a certain hour set by the contractor on the day of arrival, after which the reservation is cancelled.

16. The reservation is considered valid from the moment the consumer (customer) receives a notification containing information about the name (company name) of the performer, the customer (consumer), the category (type) of the room ordered and its price, the booking conditions, the length of stay at the hotel, as well as other information determined by the contractor.

17. The consumer (customer) has the right to cancel the application. The procedure and form for canceling a reservation are established by the contractor.

18. The Contractor has the right to refuse a reservation if there are no available rooms on the date specified in the application.

19. The contract is concluded upon presentation by the consumer of a document proving his identity, drawn up in the prescribed manner, including:

a) a passport of a citizen of the Russian Federation, identifying the identity of a citizen of the Russian Federation on the territory of the Russian Federation;

b) a passport of a citizen of the USSR, identifying the identity of a citizen of the Russian Federation, until it is replaced within the prescribed period with a passport of a citizen of the Russian Federation;

c) birth certificate - for a person under 14 years of age;

d) a passport identifying a citizen of the Russian Federation outside the Russian Federation - for a person permanently residing outside the Russian Federation;

e) a passport of a foreign citizen or another document established by federal law or recognized in accordance with an international treaty of the Russian Federation as an identification document of a foreign citizen;

f) a document issued by a foreign state and recognized in accordance with an international treaty of the Russian Federation as an identification document of a stateless person;

g) temporary residence permit for a stateless person;

h) residence permit of a stateless person.

20. The contract is concluded between the customer (consumer) and the contractor by drawing up a document signed by both parties, which must contain:

a) name of the contractor (for individual entrepreneurs - last name, first name, patronymic (if any), information about state registration;

b) information about the customer (consumer) (name and information about state registration of a legal entity or last name, first name, patronymic (if any) of an individual and information about his identity document, drawn up in the prescribed manner);

c) information about the room provided (place in the room);

d) price of the room (place in the room);

e) period of stay in a hotel;

f) other necessary information (at the discretion of the contractor).

21. Registration of consumers who are citizens of the Russian Federation at the place of stay in the hotel is carried out in accordance with the Rules for registration and deregistration of citizens of the Russian Federation at the place of stay and at the place of residence within the Russian Federation, approved by the Decree of the Government of the Russian Federation dated July 17, 1995 N 713 "On approval of the Rules for registration and deregistration of citizens of the Russian Federation at the place of stay and place of residence within the Russian Federation and the list of persons responsible for receiving and transferring to the registration authorities documents for registration and deregistration of citizens Russian Federation at the place of stay and at the place of residence within the Russian Federation."

Registration at the hotel of minor citizens under 14 years of age is carried out on the basis of documents certifying the identity of the parents (adoptive parents, guardians) or close relatives who are with them, the accompanying person (persons), a document certifying the authority of the accompanying person (persons), as well as the birth certificates of these minors.

Registration of a foreign citizen and stateless person at the place of stay in a hotel and deregistration of them at the place of stay are carried out in accordance with the Rules for the implementation of migration registration of foreign citizens and stateless persons in the Russian Federation, approved by the Decree of the Government of the Russian Federation of January 15, 2007 No. 9 "On the procedure for carrying out migration registration of foreign citizens and stateless persons in the Russian Federation."

22. The Contractor provides round-the-clock service to consumers arriving at the hotel and departing from the hotel.

In a hotel with no more than 50 rooms, the contractor has the right to independently set the time for servicing consumers.

23. Check-in and check-out of the consumer’s hotel is carried out taking into account the check-out time, which is set at 12 o’clock of the current day local time. The Contractor, taking into account local characteristics and the specifics of the activity, has the right to change the established checkout hour.

Check-in time is set by the contractor. The difference between the time the consumer leaves the room and the time the consumer checks into the room cannot be more than 2 hours.

24. The Contractor has the right to set a maximum period of stay in a hotel, the same for all consumers.

25. The price of the room (place in the room), the list of services that are included in the price of the room (place in the room), as well as the procedure and methods of payment for the room (place in the room) are established by the contractor.

The contractor may set daily and (or) hourly rates for accommodation.

If, in accordance with the legislation of the Russian Federation, state regulation of the cost of hotel services (hotel services) is introduced during the period of events (ceremonies), the cost of hotel services cannot exceed the maximum established cost for this category of hotel.

26. The Contractor has no right, without the consent of the consumer, to provide other paid services that are not included in the price of the room (place in the room).

27. The contractor, at the request of the consumer, is obliged to provide the following types of services without additional payment:

a) calling an ambulance and other special services;

b) use of a first aid kit; Payment for hotel accommodation is charged in accordance with the checkout time.

In the event of a delay in the consumer's departure after the established check-out time, the payment for accommodation is charged to the consumer in the manner established by the contractor.

When placing a consumer from 0 hours 00 minutes before the established check-out time, the payment for accommodation is charged in an amount not exceeding the fee for half a day.

31. The procedure for accounting, storage and disposal (destruction) of forgotten items in the hotel is determined by the contractor.

32. The consumer has the right to refuse to fulfill the contract at any time, subject to payment to the contractor for the expenses actually incurred by him.

33. The contractor has the right to unilaterally refuse to fulfill the contract if the consumer violates the terms of the contract, while the consumer reimburses the contractor for the expenses actually incurred by him.

IV. Responsibility of the performer and the consumer

34. The Contractor is responsible for the safety of the consumer’s belongings in accordance with the legislation of the Russian Federation.

35. For failure to fulfill or improper fulfillment of obligations under the contract, the contractor bears responsibility as provided for by the legislation of the Russian Federation.

36. Harm caused to the life or health of a consumer as a result of the provision of hotel services that do not meet the requirements and (or) terms of the contract is subject to compensation by the contractor in accordance with the legislation of the Russian Federation.

37. The consumer is responsible and compensates for damage in the event of loss or damage through his fault of hotel property in accordance with the legislation of the Russian Federation and these Rules.

38. Monitoring of compliance with these Rules is carried out by the Federal Service for Surveillance on Consumer Rights Protection and Human Welfare.

l) information about other paid services provided at the hotel by third parties;

m) information about the time of arrival (departure) from the hotel;

11. Information provided clause 10 of these Rules, is located in a place accessible to visitors and is designed in such a way that it can be freely viewed by an unlimited number of people during the entire working hours of the hotel.

13. Information about the contractor and the services he provides is brought to the attention of consumers in Russian and additionally, at the discretion of the contractor, in the state languages ​​of the constituent entities of the Russian Federation, the native languages ​​of the peoples of the Russian Federation and foreign languages.

III. Procedure and conditions for the provision of hotel services

14. The Contractor has the right to make a reservation in any form, including by drawing up a document signed by two parties, as well as by accepting an application for reservation (hereinafter referred to as the application) through postal, telephone and other communications, which makes it possible to establish that the application comes from the consumer or customer. The application form is established by the contractor.

15. The Contractor has the right to use the following types of reservations at the hotel:

a) guaranteed reservation - a type of reservation in which the hotel awaits the consumer until checkout time of the day following the day of planned check-in. In case of untimely cancellation of the reservation, delay or no-show of the consumer, he or the customer will be charged for the actual downtime of the room (place in the room), but not more than one day. If you are more than a day late, your guaranteed reservation will be cancelled;

b) non-guaranteed reservation - a type of reservation in which the hotel waits for the consumer until a certain hour set by the contractor on the day of arrival, after which the reservation is cancelled.

16. The reservation is considered valid from the moment the consumer (customer) receives a notification containing information about the name (company name) of the performer, the customer (consumer), the category (type) of the room ordered and its price, the booking conditions, the length of stay at the hotel, as well as other information determined by the contractor.

17. The consumer (customer) has the right to cancel the application. The procedure and form for canceling a reservation are established by the contractor.

18. The contractor has the right to refuse booking, if there are no available rooms on the date specified in the application.

19. The contract is concluded upon presentation by the consumer of a document proving his identity, drawn up in the prescribed manner, including:

a) a passport of a citizen of the Russian Federation, identifying the identity of a citizen of the Russian Federation on the territory of the Russian Federation;

b) a passport of a citizen of the USSR, identifying the identity of a citizen of the Russian Federation, until it is replaced within the prescribed period with a passport of a citizen of the Russian Federation;

c) birth certificate - for a person under 14 years of age;

d) a passport identifying a citizen of the Russian Federation outside the Russian Federation - for a person permanently residing outside the Russian Federation;

e) a passport of a foreign citizen or another document established by federal law or recognized in accordance with an international treaty of the Russian Federation as an identification document of a foreign citizen;

f) a document issued by a foreign state and recognized in accordance with an international treaty of the Russian Federation as an identification document of a stateless person;

g) temporary residence permit for a stateless person;

h) residence permit of a stateless person.

20. The contract is concluded between the customer (consumer) and the contractor by drawing up a document signed by both parties, which must contain:

a) name of the contractor (for individual entrepreneurs - last name, first name, patronymic (if any), information about state registration;

b) information about the customer (consumer) (name and information about state registration of a legal entity or last name, first name, patronymic (if any) of an individual and information about his identity document, drawn up in the prescribed manner);

c) information about the room provided (place in the room);

d) price of the room (place in the room);

e) period of stay in a hotel;

f) other necessary information (at the discretion of the contractor).

21. Registration of consumers who are citizens of the Russian Federation at the place of stay in the hotel is carried out in accordance with Rules registration and deregistration of citizens of the Russian Federation at the place of stay and place of residence within the Russian Federation, approved resolution Government of the Russian Federation dated July 17, 1995 N 713 “On approval of the Rules for registration and deregistration of citizens of the Russian Federation at the place of stay and place of residence within the Russian Federation and the list of persons responsible for receiving and transferring documents for registration to the registration authorities registration and deregistration of citizens of the Russian Federation at the place of stay and place of residence within the Russian Federation."

Registration at the hotel of minor citizens under 14 years of age is carried out on the basis of documents certifying the identity of the parents (adoptive parents, guardians) or close relatives who are with them, the accompanying person (persons), a document certifying the authority of the accompanying person (persons), as well as the birth certificates of these minors.

Registration of a foreign citizen and stateless person at the place of stay in a hotel and deregistration of them at the place of stay are carried out in accordance with Rules implementation of migration registration of foreign citizens and stateless persons in the Russian Federation, approved resolution Government of the Russian Federation dated January 15, 2007 No. 9 “On the procedure for carrying out migration registration of foreign citizens and stateless persons in the Russian Federation.”

22. The Contractor provides round-the-clock service to consumers arriving at the hotel and departing from the hotel.

In a hotel with no more than 50 rooms, the contractor has the right to independently set the time for servicing consumers.

23. Check-in and check-out of the consumer’s hotel is carried out taking into account the check-out time, which is set at 12 o’clock of the current day local time. The Contractor, taking into account local characteristics and the specifics of the activity, has the right to change the established checkout hour.

Check-in time is set by the contractor. The difference between the time the consumer leaves the room and the time the consumer checks into the room cannot be more than 2 hours.

24. The Contractor has the right to set a maximum period of stay in a hotel, the same for all consumers.

25. The price of the room (place in the room), the list of services that are included in the price of the room (place in the room), as well as the procedure and methods of payment for the room (place in the room) are established by the contractor.

The contractor may set daily and (or) hourly rates for accommodation.

If, in accordance with the legislation of the Russian Federation, state regulation of cost is introduced hotel services(hotel services) during the period of events (ceremonies), the cost of hotel services cannot exceed the maximum established cost for this category of hotel.

26. The Contractor has no right, without the consent of the consumer, to provide other paid services that are not included in the price of the room (place in the room).

27. The contractor, at the request of the consumer, is obliged to provide the following types of services without additional payment: 33. The contractor has the right to unilaterally refuse to fulfill the contract if the consumer violates the terms of the contract, while the consumer reimburses the contractor for the expenses actually incurred by him.

IV. Responsibility of the performer and the consumer

34. The Contractor is responsible for the safety of the consumer’s belongings in accordance with the legislation of the Russian Federation.

35. For failure to fulfill or improper fulfillment of obligations under the contract, the contractor bears responsibility as provided for by the legislation of the Russian Federation.

36. Harm caused to the life or health of a consumer as a result of the provision of hotel services that do not meet the requirements and (or) terms of the contract is subject to compensation by the contractor in accordance with the legislation of the Russian Federation.

37. Consumer bears responsibility and compensates for damage in the event of loss or damage to hotel property due to his fault in accordance with the legislation of the Russian Federation and these Rules.

38. Monitoring of compliance with these Rules is carried out by the Federal Service for Surveillance on Consumer Rights Protection and Human Welfare.

Rules for the provision of hotel services in the Russian Federation

GOVERNMENT OF THE RUSSIAN FEDERATION

RESOLUTION

ON APPROVAL OF THE RULES FOR PROVIDING HOTEL ACCOMMODATIONS

SERVICES IN THE RUSSIAN FEDERATION

In accordance with the Law of the Russian Federation "On the Protection of Consumer Rights" (Gazette of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1992, No. 15, Art. 766; Collection of Legislation of the Russian Federation, 1996, No. 3, Art. 140) Government of the Russian Federation The Federation decides:

1. Approve the attached Rules for the provision of hotel services in the Russian Federation.

2. To recognize as invalid:

Decree of the Government of the Russian Federation of June 15, 1994 N 669 “On approval of the Rules for the provision of hotel services in the Russian Federation” (Collected Legislation of the Russian Federation, 1994, N 8, Art. 871);

the last paragraph of the Decree of the Government of the Russian Federation of February 28, 1996 N 199 “On introducing amendments to the decisions of the Government of the Russian Federation” (Collected Legislation of the Russian Federation, 1996, N 10, Art. 948).

Chairman of the Government

Russian Federation

V. CHERNOMYRDIN

Approved

Government Decree

Russian Federation

On the procedure for providing information on the price and conditions for the provision of hotel services, see letter of Rospotrebnadzor dated 03/07/2006 N 0100/2473-06-32.

RULES

PROVISION OF HOTEL SERVICES IN THE RUSSIAN FEDERATION

(as amended by Resolutions of the Government of the Russian Federation dated October 2, 1999 N 1104,

dated 15.09.2000 N 693, dated 01.02.2005 N 49)

I. General provisions

1. These Rules have been developed in accordance with the Law of the Russian Federation “On the Protection of Consumer Rights” (Gazette of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1992, No. 15, Art. 766; Collection of Legislation of the Russian Federation, 1996, No. 3, Art. . 140) and regulate relations in the field of providing hotel services (hereinafter referred to as services).

2. The basic concepts used in these Rules mean:

"hotel" - a property complex (building, part of a building, equipment and other property) intended for the provision of services;

“consumer” - a citizen who intends to order or orders and uses services exclusively for personal, family, household and other needs not related to business activities;

“performer” is an organization, regardless of its legal form, as well as an individual entrepreneur, providing services to consumers under a paid contract.

(as amended by Decree of the Government of the Russian Federation dated September 15, 2000 N 693)

II. Information about services, registration procedure

hotel accommodation and payment for services

3. The Contractor is obliged to bring to the attention of the consumer his company name (title), location (legal address) and operating hours. The contractor places the specified information on the sign.

The contractor - an individual entrepreneur must provide the consumer with information about his state registration and the name of the body that registered him.

4. The Contractor is obliged to promptly provide the consumer with the necessary and reliable information about the services, ensuring the possibility of their correct choice.

The information is placed in the room intended for registration of residence, in a place convenient for viewing and must include:

these Rules;

information about the performer and his contact phone number;

certificate of assignment to the hotel of the appropriate category, if the category was assigned;

information about confirmation of compliance of services with established requirements (number of the certificate of conformity, its validity period, the body that issued it, or the registration number of the declaration of conformity, its validity period, the name of the contractor who accepted the declaration and the body that registered it);

(as amended by Decree of the Government of the Russian Federation dated October 2, 1999 N 1104)

information about the license number, its validity period, and the authority that issued the license, if this type of activity is subject to licensing;

extracts from the state standard establishing requirements in the field of service provision;

price of rooms (places in the room);

list of services included in the price of the room (places in the room);

list and price of additional services provided for an additional fee;

information about the form and procedure for payment for services;

maximum period of stay in a hotel, if it is established by the contractor;

Letter of the State Construction Committee of the Russian Federation dated February 16, 2001 N VR-738/12 clarifies that “other regulatory legal acts” mean decrees of the President of the Russian Federation and resolutions of the Government of the Russian Federation that determine the procedure and amount of benefits for certain categories of persons.

a list of categories of persons entitled to receive benefits, as well as a list of benefits provided for the provision of services in accordance with laws and other regulations;

procedure for staying at the hotel;

information about the operation of public catering, trade, communications, consumer services, etc. enterprises located in the hotel;

information about the consumer rights protection body at the local administration, if such a body exists;

information about the parent organization.

The Contractor is obliged to ensure that each room contains information about the rules of accommodation in the hotel, fire safety rules and rules for the use of electrical appliances.

This information must be brought to the attention of consumers in Russian and additionally, at the discretion of the contractor, in the state languages ​​of the constituent entities of the Russian Federation and the native languages ​​of the peoples of the Russian Federation.

5. The Contractor is obliged to ensure the provision of benefits when providing services to those categories of citizens for whom such benefits are provided for by laws and other regulatory legal acts.

The letter of the State Construction Committee of the Russian Federation dated February 16, 2001 N VR-738/12 explains that the contractor is given the right to independently determine the procedure for booking hotel rooms.

6. The Contractor has the right to enter into an agreement for the reservation of places in a hotel by drawing up a document signed by both parties, as well as by accepting an application for reservation through postal, telephone and other communications that make it possible to reliably establish that the application comes from the consumer.

If the consumer is late, in addition to the reservation fee, he is also charged for the actual downtime of the room (space in the room), but not more than one day. If you are late by more than a day, the reservation will be cancelled. If the consumer refuses to pay for the reservation, his/her accommodation at the hotel is made on a first-come, first-served basis.

7. The contractor - a commercial organization is obliged to conclude an agreement with the consumer for the provision of services, except in cases where there is no possibility of providing services, including if the constituent documents of the contractor or a civil contract concluded with him provide for the obligation of the contractor in a certain order to provide services to the relevant categories of persons.

8. An agreement for the provision of services is concluded upon presentation by the consumer of a passport or military ID, identity card, or other document drawn up in the prescribed manner and confirming the identity of the consumer.

When registering a stay in a hotel, the contractor issues a receipt (coupon) or other document confirming the conclusion of an agreement for the provision of services, which must contain:

name of the performer (for individual entrepreneurs - last name, first name, patronymic, information about state registration);

last name, first name, patronymic of the consumer;

information about the room provided (place in the room);

price of the room (places in the room);

other necessary data at the discretion of the contractor.

9. The Contractor has the right to set a maximum period of stay in a hotel, the same for all consumers.

10. The Contractor must provide round-the-clock registration of consumers arriving at and departing from the hotel.

For an explanation of the procedure for applying paragraph 11, see letter of the State Construction Committee of the Russian Federation dated February 16, 2001 N VR-738/12.

11. The contractor has no right to perform additional services for a fee without the consent of the consumer. The consumer has the right to refuse to pay for such services, and if they are paid, the consumer has the right to demand that the contractor return the amount paid.

(as amended by Decree of the Government of the Russian Federation dated September 15, 2000 N 693)

It is prohibited to condition the performance of some services on the mandatory provision of other services.

For an explanation of the procedure for applying paragraph 12, see letter of the State Construction Committee of the Russian Federation dated February 16, 2001 N VR-738/12.

12. The price of the room (place in the room), as well as the form of payment, are set by the contractor.

(as amended by Decree of the Government of the Russian Federation dated September 15, 2000 N 693)

The contractor may set a daily or hourly rate for accommodation.

The Contractor determines the list of services that are included in the price of the room (place in the room).

The consumer is obliged to pay for the service provided by the contractor in full after its acceptance by the consumer. With the consent of the consumer, the service can be paid for by him at the conclusion of the contract in full or by issuing an advance.

For an explanation of the procedure for applying paragraph 13, see letter of the State Construction Committee of the Russian Federation dated February 16, 2001 N VR-738/12.

13. Payment for hotel accommodation is charged in accordance with a single checkout time - from 12 noon of the current day, local time.

When placing before check-out time (from 0 to 12 o'clock) no fee is charged.

In case of delay in the consumer's departure, the accommodation fee will be charged in the following order:

no more than 6 hours after checkout time - hourly payment;

from 6 to 12 hours after checkout time - payment for half a day;

from 12 to 24 hours after checkout time - payment for a full day (if there is no hourly payment).

When staying no more than a day (24 hours), the fee is charged per day, regardless of the check-out time.

The Contractor, taking into account local conditions, has the right to change the single checkout hour.

III. Procedure for providing services

For an explanation of the procedure for applying paragraph 14, see letter of the State Construction Committee of the Russian Federation dated February 16, 2001 N VR-738/12.

14. The quality of the services provided must comply with the terms of the contract, and in the absence or incompleteness of the terms of the contract - with the requirements usually imposed on these services.

If regulatory legal acts provide for mandatory requirements for services, the quality of the services provided must meet these requirements.

The material and technical support of the hotel, the list and quality of services provided must meet the requirements of the category assigned to it.

15. The Contractor is obliged to provide the consumer without additional payment with the following types of services:

calling an ambulance;

using a first aid kit;

delivery to the correspondence number upon receipt;

wake-up at a certain time;

provision of boiling water, needles, threads, one set of dishes and cutlery.

16. The procedure for staying at the hotel is established by the contractor.

17. The contractor, in accordance with Article 925 of the Civil Code of the Russian Federation, is responsible for the safety of the consumer’s belongings.

If forgotten items are discovered, the contractor is obliged to immediately notify the owner of the items. If the person who has the right to demand a forgotten thing or his place of stay is unknown, the executor is obliged to report the find to the police or local government body.

18. In catering, communications and consumer services organizations located in a hotel, persons staying in the hotel are served out of turn.

19. The consumer is obliged to comply with the rules of residence and fire safety rules established by the contractor.

Letter of the State Construction Committee of the Russian Federation dated February 16, 2001 N VR-738/12 explains that if the consumer terminates the contract with the hotel before the end of the day, payment is charged in accordance with paragraph 13 of the Rules.

Advertisement services.

(clause 20 as amended by Decree of the Government of the Russian Federation dated September 15, 2000 N 693)

IV. Responsibility of the performer and the consumer

for the provision of services

21. When discovering deficiencies in the service provided, the consumer has the right, at his own discretion, to demand:

free elimination of deficiencies;

a corresponding reduction in the price for the service provided.

The consumer has the right to terminate the contract for the provision of services and demand full compensation for losses if the contractor does not eliminate these shortcomings within the prescribed period.

The consumer also has the right to terminate the contract if he discovers significant deficiencies in the service provided or other significant deviations from the terms of the contract.

(as amended by Decree of the Government of the Russian Federation dated September 15, 2000 N 693)

The Contractor must eliminate the shortcomings of the service provided within an hour from the moment the consumer submits the corresponding demand.

Consumer demands for a reduction in the price of the service provided, as well as for compensation for losses caused by termination of the contract for the provision of services, must be satisfied within 10 days from the date of presentation of the corresponding demand.

The consumer also has the right to demand full compensation for losses caused to him in connection with the lack of services provided. Losses are compensated within the time limits established to satisfy the relevant consumer requirements.

Satisfying the consumer's demands for gratuitous elimination of deficiencies in the provision of services does not relieve the contractor from liability in the form of a penalty for violating the deadline for the provision of services.

(paragraph introduced by Decree of the Government of the Russian Federation of September 15, 2000 N 693)

22. For violation of the deadlines for satisfying individual consumer requirements, the contractor pays the consumer for each hour (day, if the period is defined in days) of delay a penalty (penalty) in the amount of 3 percent of the daily price of the room (place in the room) or the price of an individual service, if it can be determined .

terminate the service agreement.

(paragraph introduced by Decree of the Government of the Russian Federation of September 15, 2000 N 693)

The consumer also has the right to demand full compensation for losses caused to him in connection with violation of the terms of service provision. Losses are compensated within the time limits established to satisfy the relevant consumer requirements.

(paragraph introduced by Decree of the Government of the Russian Federation of September 15, 2000 N 693)

The new terms for the provision of services assigned by the consumer are indicated in the service agreement.

(paragraph introduced by Decree of the Government of the Russian Federation of September 15, 2000 N 693)

When a consumer terminates a contract for the provision of a service under a contract for booking a room in a hotel, the contractor does not have the right to demand reimbursement of his expenses incurred in the process of providing the service, as well as payment for the service provided, except if the consumer accepted the service provided.

(paragraph introduced by Decree of the Government of the Russian Federation of September 15, 2000 N 693)

24. The Contractor, in accordance with the legislation of the Russian Federation, is responsible for damage caused to the life, health or property of the consumer due to deficiencies in the provision of services, and also compensates for moral damage caused to the consumer by violation of consumer rights.

25. In the event of a violation by the contractor of these Rules, the protection of consumer rights provided for by the legislation of the Russian Federation is carried out in the manner established by the Law of the Russian Federation “On the Protection of Consumer Rights”.

26. The consumer, in accordance with the legislation of the Russian Federation, compensates for damage in the event of loss or damage to hotel property, and is also responsible for other violations.

27. Monitoring of compliance with these Rules is carried out by the Federal Service for Supervision of Consumer Rights Protection and Human Welfare and other federal executive authorities within their competence.

(clause 27 as amended by Decree of the Government of the Russian Federation dated 01.02.2005 N 49)